Untitled Texas Attorney General Opinion ( 1966 )

Honorable Cecil Fruett Opinion No. C-666 County Attorney Hutchinson County Re: Whether Article 23.04 Borger, Texas of the 1966 Code of Criminal Procedure au- thorizes county clerks to issue "caplas" to per- sons other than the Dear Elr.Pruett: sheriff. By your recent letter you requested an opinion of this office as to whether the oounty clerk has authority to issue a capias to persons other than the sheriff in misdemeanor cas.88. The ig66 Code of Criminal Procedure defines the caplas inArticle 23.01, as follows: "A *capiasjIs a writ issued by the court or clerk, and directed 'To any peace officer of the State of Texas', commanding him to arrest a person accused of an offense and bring him before that court immedlatelx,;oron a day or at a term stated in the writ. The capias in misdemeanor cases is mentioned in Article 23.04 which reads as follows: "In misdemeanorcases the caplas or summons shall issue from a court having jurisdlotlonof the case. The summons shall be issued only upon re- quest of the attorney representingthe State and shall follow the same form and procedure as in a felony case." Article 23.04 provides directions for the issuance of a summons, but does not provide directions for the issuance of a capias, The only d,irectlonsfor the issuance of a capias under the 1966 Code of Criminal Procedureare found in Article 23.01, hereto- fore quoted. Such Article clearly provides for the issuance of a capias to any peace officer of the State of Texas. -3214- - - Honorable Cecil Pruett, page 2 (C-666 ) Therefore, It is the opinion of this office that Arti- cle 23.01 of the 1966 Code of Criminal Procedure governs the issuance of a oaplis under Artiole 23.04 and the court or the clerk is authorized $0 lssu? the oapias In a tiedemeanorcase ananiireot the same to any peace officer of the State of . SlJMMAHy The county clerk, in misdemeanor oauea, has authority to issue a oaplas to any peace officer of the State of Texas. Yours very truly, WApoONER CARR Attorney General of Texas Assistan; Attorney General APPROVED: OPINION COMMXTTE3 W. 0. Shultx, Chairman Ralph Rash Phllllp Crawford Howard M. Fender Sam Kelley APPROVED FOR THE ATTORNEY GENERAL By: T. B. Wright -3215-